"Claim of the General Committee of the Order of Railroad Telegraphers, Southern Pacific Company (Paafle Lines), that in ebanging the rate of pay for the agent at Montello, Nevada, from a rate of $18000 a month to nn hourly rate, a rate of .8823 an hour should have been applied and that any incumbents of this position since June 1st, 1:131, the effective date of the change, shall be reimbursed at that hourly rate."
FINDINGS.-The Tbird Divixbnr of the Adjustment Buard, upon the whole record and all the evidence, finds that:
The cagier and the employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This division of the Adjustment Board has ,jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice of hearing thereon.There is in evidence an agreeaucnt dated September 1, 1927, containing as a part thereof a wage schedule effective May 1, 1927.
The wage schedule of May 1, 1927, shows the following positions and rates of pay in effect at Montello on the Salt Lake Division:
PC, hour Agent __ _--_______________-._-__-___-----__..---.-_ _____._- -__- $0.8:150 1st-telegrapher-clerk-______________-_-________-__-________________-_ 0.7850 2nd-telegrapher-clerk____________-_________-__________- __.-___-_____ 0.7850 3rd-telegrapher-clerk--____________ -_____-_-__-_______-_-____-_____ 0.7850
In 1930 the management of- the carrier authorized an annual appropriation of $50,000 to be applied in adjusting inequalities in rates of pay of employes under the Telegraphe,s' Agreement, to become effeciive July 1, 1930. This appropriation was applied by negotiations between the management and Telegraphers' Committee, increasing hourly and/or monthly rates of selected positions by varying amounts as evidenced by "Supplementary addenda to Telegraphers' Agreement dated September 1, 1927", on file with this Board. It appears from this "implement that no fixed rule or formula was followed in determining the increases in rates of the positions affected, bat that such Increases were determined by the judgment of the negotiating parties with respect to each position.
During these nego:iations the position of Agent at Mentello was changed from an hourly-rated to a monthly-rated one, and the monthly rate agreed upon was $180.00. There is nothing to indicate what considerations influenced the negotiators hr their determination of $180.00 as !lm proper rato for this position, nor upon what basis it was arrived at in relation co the former hourly rate.
On June 1, 1.!;31, the carrier abolished tile position of first telegrapher-clerk at Montello and assigned the telegraph duties of that position to the agent, changing his classification to that of Agent-telegrapher, and established an hourly rate of pay which it fixed at $0.8350.
The following rules of the agreement of September 1, 1927, are cited and relied upon by the parties in support of their respeerive positions:
"BASIS OF PAY.-(a) Except as otherwise provided all employes herein specified will be paid on hourly basis."
"DATE EFFECTIVE AND GILINGES.-This agreement shall be effective as of September 1, 1927 and shall continue in effect until it is clanged, as provided herein under the provisions of the Railway Labor Act.
"Should either of the parties to this agreement desire to revise or modify these rules, thirty (30) days' written advance notice, containing the proposed changes, Shall be given and conferences shall be held immediately on the expiration of said notice unless another date is mutually agreed upon."
"CLASSIFICATION OF POSITIONS.-Monthly rated posilions are exempt from hours of service, overtime, and call rules. PosfGoas followed by a cross are exempt from hours of service, overtime, and call rules, but agents at such stations will not be required to perform service in excess of an average of eight hours per (lay in any one month, which, however, does not restrict such agents from attending meetings, etc., in connection with their official duties, outside of working hours."
"CLASSIFICATION OF EMPLOYEES, NEW POSITIONS, ETC.-(a) Where existing pay-roll classification does not conform to Rule 1, employees performing service in the classes Specified thereto shall be classified in accordance therewith.
"(b) When new positions are created, compensation will be fixed in conformity with that of existing positions of similar work and responsibility in the same seniority district.
"(c) Positions covered by this agreement will be filled by telegraphers taken from the telegraphers' official seniority lists.
"(d) When general, relay, or dispatchers' offices are established, rates of pay for managers, wire elders, and telegraphers will be same as salaries paid at other general, relay, and dispatchers' offers, covered by this agreement on district located."
EMPLOYES' POSITION.-The employes contend that the hourly rate for agent-telegrapher at Montello should have been fixed at $0.8823 instead of $0.8350; arrived at by dividing the farmer monthly rate of $180.00 by 204, the factor set up by Director General's Supplement No. 13 to General Order No. 27, effective October 1, 1918, for conversion of monthly to hourly rates. They assert that this method has been followed in the past in negotiations between the carrier and the committee in converting hourly to monthly rates, as well as in converting monthly to hourly rates.
CARRIER'S POSITION.-The carrier contends that there Is no agreed upon basis for conversion of monthly to hourly rates; that the position of agent telegrapher at Montellu was a new one and that Paragraph (bl of Rule 1: governed. Apeordingly, it is asserted, the rate was determined by comparing the duties of the newly created position with similar positions on the Division, from which the rate of $0.8350 was found to be proper. The carrier also asserts that the factor of 204 was not used in converting the former hourly rate to a monthly rate in 1930; that the rate or $180.00 was fixed somewhat in excess of the earnings of the position under the hourly rate to compensate for the exclusion of the position from hours of service, overtime, and call rules, as provided in Rule 44.
FURTHER FINDINGS.--The evidence does not disclose that it liar been the custom to record the adding of telograph duties to an agent's position as creating a new position. nor, in the instant case, was a new position bulletined. This divi,don does not find that there is any rule or agreed upon practice in effect for the conversion of hourly to monthly rates or vice-versa. It appears
that a change from an hourly to a monthly basis of pay has been by negotiation and that in some instances, at least, the change from monthly to hourly rates has been accomplished by the same method. It also appears that a factor of 204 was generally used in these conversions.
This division is without authority to supply a rule where the parties have neglected to negotiate one.
The evidence in this case shows that the monthly rate of the position of Agent at Montello was fixed by negotiation between the parties, and this division holds that the same is a proper procedure for arriving at an hourly rate under the circumstances of this case. Any changes, either in the basis of payment, or in the amount, of an agreed upon rate of pay should be by agreement. Therefore:
This case is remanded to the parties for negotiation of a proper hOVTly rate of pay, on the basis of above findings.
By Order of Third Division: